1 Name of Regulation
This Regulation is the Aware Super Regulation 2018.cl 1: Am 2022 No 29, Sch 2.2[1].
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.Note—This Regulation repeals and replaces the First State Superannuation Regulation 2013, which would otherwise be repealed on 1 September 2018 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
(1) In this Regulation—the Act means the Aware Super Act 1992.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.cl 3: Am 2022 No 29, Sch 2.2[2].
4 Allowances and payments included as salary and wages
(1) For the purposes of section 4 (1) (a) (iii) of the Act, the following payments are prescribed—(a) payments for maternity leave,(b) payments for parental leave other than payments required to be made under the Paid Parental Leave Act 2010 of the Commonwealth,(c) payments for adoption leave,(d) weekly workers compensation payments.(2) The weekly workers compensation payments to be treated as salary for the purposes of section 4 (1) (a) (iii) of the Act do not include any amount by which the aggregate of—(a) the weekly workers compensation paid to an injured employee, andexceeds the salary that the employee would probably have been earning but for the injury (assuming the employee had continued to be employed in the same or some comparable employment).(b) the salary actually paid to that employee while partially incapacitated,(3) For the purposes of section 4 (1) (a) (iv) of the Act, all non-cash employment benefits provided by an employer to an employee that attract compulsory employer superannuation contributions under an industrial award applicable to the employee are prescribed employment benefits.(4) In this clause—weekly workers compensation payments, in relation to an employee, means weekly payments of compensation under the Workers Compensation Act 1987 (or the provisions of the Workers’ Compensation Act 1926 as applied by that Act) payable to the employee because the employee is partially incapacitated for work through injury.
5 Exempted employment
The following employment is prescribed for the purposes of section 8 (5) (a) of the Act—(a) employment as an election official under the Electoral Act 2017, but only if the person’s appointment under that Act is limited to employment at a voting centre (including an early voting centre) for an election conducted under that Act,(b) employment as an electoral official under the Local Government Act 1993, but only if the person’s appointment under that Act is limited to employment at a polling place or a pre-poll voting office for an election conducted under that Act,(c) employment in the Public Service to enable the NSW Education Standards Authority to exercise its functions.
6 Compulsory employer contributions—salary contribution percentage
For the purposes of section 8 (2A) of the Act, the following periods and percentages are prescribed to replace, or in addition to, those in the table to section 8 (2) of the Act—
7 Repeal
The First State Superannuation Regulation 2013 is repealed.
8 Savings
Any act, matter or thing that, immediately before the repeal of the First State Superannuation Regulation 2013, had effect under that Regulation continues to have effect under this Regulation.